Civil Union Dissolution and Irreconcilable Difference

Today in a published trial court case, the NJ Superior Court addressed an issue dealing with a difference in the law regarding civil union dissolutions. After Lewis v. Harris directed the state to create an equivalent to marriage for same-sex couples, the legislature created the civil union statute and mandated that civil unions be equivalent to marriage. While that statute’s effective date was pending, the state also passed the irreconcilable differences law, which allowed married couples to divorce without proving fault. Given the timing, irreconcilable difference was not included as an equivalent cause of action to dissolve a civil union — likely as an oversight. All other causes of action for divorce/dissolution were replicated (adultery was not identically replicated since adultery is an extramarital sexual relationship).

In Groh v. Groh, the court said that “under the most reasonable interpretation of existing statutory law, the family court has authority to dissolve a civil union based upon on the no-fault ground of irreconcilable differences.”

Mediation Quick Facts:

Mediation can finalize a divorce in much less time than litigation -- months versus years

You lose none of your rights by mediating

Mediation is confidential

Make decisions about your future for yourself

Parties are more satisfied with terms they agree to in mediation than terms imposed by a court

Agreements obtained through mediation are far less likely to end up back in court

Mediation is a forward-looking process (where do you go from here)

Mediation can be used to resolve many types of disputes, including the dissolutions of gay and lesbian (same-sex) relationships, civil unions, domestic partnerships and commercial and community disputes